The Court of Cassation has ruled that Facebook must be prohibited during house arrest. A curious note from current events that illustrates how social networks are so extensive a source of social interaction that they must be limited in cases of house arrest.
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Even the interpretation of the Penal Code is adapting to the times, or at least the rulings derived from it are. In the case of house arrest, the principle of prohibiting contact with individuals outside one’s family unit (i.e., cohabitants) must be adjusted to the pace of technology. This applies not only to face-to-face visits but also to contact on social networks.
And so, on Monday, October 18, ruling 37151 was filed, decreeing the prohibition of Facebook usage. The Court of Cassation ruled on the request of a prosecutor from Caltagirone who, having noticed the online interactions of a suspect under house arrest, requested their imprisonment to eliminate any possibility of communication with individuals outside their immediate family.
Therefore, it is not the web itself that falls under the judges’ scrutiny when used for research and informational purposes, but rather online tools for communicating with third parties; hence, Facebook, likely emails, or other communication channels that could constitute a violation of the house arrest regime.
Naturally, the communication conditions that would violate the rule must be proven.
While the legislation has remained unchanged for years, its interpretation (in this case, an extensive interpretation) rightly follows the course of current events.
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